The United States Court of Appeals for the Ninth Circuit, in a recent unpublished opinion in Casault v. One West Bank, FSB, et al., U.S.C.A. 9th Cir. Case No. 14-55494 (Aug. 4, 2016), affirmed the dismissal of the borrowers’class action complaint against various banks, servicers and trustees. The borrowers in Casault claimed that
Diversity Jurisdiction: National Bank is a Citizen Only of State Where It Has Its Main Office
Another United States Circuit Court has ruled that, for purposes of diversity jurisdiction, a national bank is a citizen only of the state in which it has its main office. In doing so, the Second Circuit joins a growing list of appellate courts that have rejected the argument that a national bank is also a
A Ruling That Will Be of Interest to Lenders: Don’t Forget to Present Evidence of the Amount of Interest
Florida’s appellate courts continue to address the sufficiency of evidence in mortgage foreclosure cases. This week, the Fourth District Court of Appeal provided guidance to lenders for properly establishing interest as part of their damages claim.
In Marsden v. BAC Home Loans, L.P., Fla. 4th DCA Case No. 4D14-1623 (Jul. 13, 2016), the